Pokora v. Wabash Railway Co.

Background

A truck driver who sold ice stopped at a busy city street crossing to pick up a load and then tried a different depot across the tracks. Box cars standing on a nearby switch blocked his view of the track ahead. He looked north and listened, heard no bell or whistle, crossed the switch, and was hit by a passenger train while reaching the main track. The trial judge directed a verdict for the railroad, and an appeals court affirmed, so the case reached this Court.

Reasoning

The Court considered whether the driver’s failure to get out of his truck and walk forward to look was negligence as a matter of law. The railroad bore the burden of proving the driver was at fault. The Court said the earlier decision that suggested drivers must always get out was too broad. Whether getting out would have helped, been safe, or been practical depends on the circumstances. The Court explained that getting out can often be useless or even dangerous and that in cases where vision and hearing are limited, a jury is usually the right body to weigh the facts. The Court therefore limited the earlier rule and found that the question should normally go to a jury.

Real world impact

The Court reversed the directed verdict for the railroad and sent the case back for further proceedings consistent with this opinion. Drivers at obstructed urban crossings will not automatically be judged negligent for failing to exit their vehicle. Instead, juries will consider the specific facts, and railroads may still have duties when obstructions make crossings especially dangerous.